RAMESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Criminal Appeal, the appellant is before us with the following prayer clause "B" :-

(2.) We have heard the learned advocate on behalf of the appellant, the learned APP on behalf of respondent No.1/ State and the learned advocate appointed to represent respondent No.2, who claims to be the complainant/ victim. With their assistance, we have gone through the appeal paper book and we have perused the impugned order dated 29.06.2020. passed. by the learned Additional.Sessions. Judge-3, Aurangabad by which, Bail Petition No.741/2020 filed by the appellant praying for anticipatory bail, has been rejected.

(3.) The appellant has put up a story that he knew the victim prior to her marriage and had cordial relations, as they were neighbours. He is unmarried today. After her marriage, she gave birth to a child, who is now about three years of age. There were certain differences between the victim and her husband leading to an alleged marital discord, due to which, she started residing with her parents at T.V. Centre, Aurangabad. It was on account of initiatives taken by the victim, that the appellant entered into love relations with her and he had sexual intercourse with her as per her wish. She never resisted. Subsequently, it appears that her husband gathered knowledge about her relations with the appellant and hence, the husband compelled the victim to register the First Information Report against the appellant. The appellant relies upon the alleged cellphone call recordings between him and the victim, from page numbers 55 till 93 of the appeal paper book, to support the contention that the two were in relationship and the appellant was agreeable to marry her if she divorces her husband. It is further contended that the sexual relations, which both had, is also reflected from the call details.